Losing a loved one is a painful experience, and when that loss happens under tragic circumstances like nursing home abuse, the pain can feel even more overwhelming. If you are reading this, it may be because you are trying to navigate a wrongful death case after the untimely passing of a family member due to abuse or neglect in a nursing home. You may feel a sense of confusion and worry, wondering how you can hold those responsible accountable for the harm done. At Phillips & McCrea, PLLC, we understand how challenging this situation can be, and we are here to help you get the justice you and your loved one deserve.
What is Wrongful Death in Nursing Home Abuse Cases
Wrongful death occurs when someone dies as a result of the negligence or intentional actions of another party. In the case of nursing home abuse, this means that a loved one passed away because of physical, emotional, or medical mistreatment in a long-term care facility. These cases often involve situations where nursing home staff fail to meet their duty of care, leading to serious injuries or death.
Abuse in nursing homes can take many forms. Physical abuse may include hitting, pushing, or improper use of restraints. Emotional abuse could involve humiliation or threats. Medical neglect might include failure to provide necessary treatments or medications, which can lead to severe health complications and even death. When a loved one dies because of this kind of mistreatment, it is crucial to understand that there are legal options available to pursue justice.
How Nursing Home Abuse Contributes to Wrongful Death
The sad truth is that nursing home abuse is more common than it should be, and often, it is the result of systemic issues such as understaffing, lack of training, or poor facility management. When a nursing home facility fails to provide adequate care, residents may suffer from avoidable injuries or medical conditions that can ultimately lead to death. For example, a fall caused by staff neglect or failure to assist a resident with mobility can lead to broken bones or head injuries. If these injuries are not treated promptly and properly, they can become life-threatening.
Similarly, neglecting to provide proper medical care, such as administering necessary medications or monitoring health conditions, can lead to complications that ultimately result in death. When these cases happen, families are often left not only grieving but also with unanswered questions about how and why their loved one was treated this way.
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Michael Phillips
Marcel McCrea
Natalie Andruczyk
Signs of Nursing Home Abuse Leading to Wrongful Death
While every case of nursing home abuse is unique, there are common signs that abuse or neglect could be a factor in a wrongful death. Some of these signs include unexplained injuries such as bruises, cuts, or broken bones, sudden changes in behavior like withdrawal or anxiety, and signs of malnutrition or dehydration. In some cases, unexplained weight loss, poor hygiene, or untreated medical conditions may also point to neglect or abuse.
If you notice any of these signs in a loved one residing in a nursing home, it is essential to investigate further. A thorough investigation can help uncover what led to your loved one’s injuries or death. If nursing home abuse is found to be the cause, you may have grounds to pursue a wrongful death lawsuit against the responsible parties.
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Legal Grounds for Pursuing a Wrongful Death Case
In North Carolina, a wrongful death lawsuit can be filed by the deceased’s estate, and the damages from the case may go to surviving family members. The legal grounds for a wrongful death lawsuit in a nursing home abuse case often focus on proving that the facility, its employees, or both were negligent in their duties. To succeed in a wrongful death case, it is necessary to demonstrate that the nursing home failed to meet the standards of care expected of them, and that this failure led directly to the death of your loved one.
Negligence in nursing home abuse cases can include improper medical care, failure to monitor a resident’s health, and even intentional acts of harm. A lawyer will investigate the circumstances surrounding your loved one’s death to determine if abuse or neglect played a role. This often includes reviewing medical records, speaking with witnesses, and consulting with medical professionals who can confirm whether the care provided was substandard.
Steps in a Wrongful Death Lawsuit Involving Nursing Home Abuse
If you are considering a wrongful death lawsuit due to nursing home abuse, it is important to take certain steps to ensure that you have the best chance of success. First, gather as much evidence as possible. This includes medical records, photographs of injuries, and any documentation from the nursing home regarding your loved one’s care. It may also be helpful to talk to others who may have witnessed the abuse or neglect.
Next, consult with an attorney who has experience handling wrongful death cases, especially those related to nursing home abuse. A skilled attorney can help you understand your legal options and guide you through the complexities of the legal process. In some cases, it may be necessary to hire experts who can help demonstrate that the nursing home’s actions or inactions led to your loved one’s death.
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Once your case is built, your attorney will work to negotiate with the nursing home or insurance companies to reach a fair settlement. If a settlement cannot be reached, your case may go to trial. Regardless of the outcome, having legal representation ensures that you have someone advocating for your rights and the justice your loved one deserves.
The Role of Attorneys in Wrongful Death Cases Involving Nursing Home Abuse
Navigating a wrongful death case involving nursing home abuse is often complex and emotionally draining. The process requires understanding both legal and medical matters, as well as gathering and presenting evidence to build a strong case. That is where an attorney can make all the difference. An attorney who is experienced in handling wrongful death cases knows how to investigate the circumstances of the death, identify key evidence, and pursue compensation for the family.
Additionally, having an attorney by your side ensures that you are not alone in this process. The legal team can provide support, answer your questions, and keep you informed every step of the way. They will also ensure that the responsible parties are held accountable for their actions, which can help bring justice to your family and prevent further incidents of abuse in nursing homes.
The aftermath of a wrongful death is incredibly difficult, and pursuing a lawsuit can feel daunting. However, you do not have to go through it alone. A lawyer with experience in wrongful death cases, particularly those involving nursing home abuse, can help take the burden off your shoulders. They will handle the legal complexities so that you can focus on grieving and healing with your family.
At our firm, we understand the emotional toll that a wrongful death case can take, especially when it involves the abuse of a loved one in a nursing home. We are committed to helping you achieve a successful case result and securing the justice your loved one deserves. We are here to guide you through every stage of the process and provide the support you need during this difficult time.
If you have lost a loved one due to nursing home abuse in North Carolina, it is essential to act quickly. The sooner you get in touch with an attorney, the sooner we can begin investigating the case and fighting for the compensation you deserve. Contact us today to schedule a consultation and take the first step toward justice for your loved one. At Phillips & McCrea, PLLC, we are ready to help you seek accountability and hold nursing homes responsible for their actions.